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Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....o appeals, in which the only question is whether he, by his act or conduct, acquiesced in the sale of the property in question or waived his right to pre‑empt the sale. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......ond, planted trees and made considerable improvement of the land by raising earth. They also took the ground of limitation in that Misc. cases were filed one yew after the sale of the land. 3. The trial Court, by a common judgment dated 28.4.83, dismissed the Misc. cases refusing pre‑emption. O......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin an..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....a Division Bench of the High Court Division (Barisal Session) in Criminal Appeal No. 61 of 1983 upholding their conviction under sections 380 and 448 of the Penal Code and sentence of rigorous imprisonment for 2(two) years under the former section. 2. Leave to appeal was granted to consid......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......e local police station on the following day police took up investigation of the case and submitted charge sheet against the appellants under sections 448/380/307 of the Penal Code. 4. At the trial before the Additional District Magistrate, Bakerganj charges were framed under the aforesaid...... Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....nder section 145 of the Code of Criminal Procedure and is directed against the judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Fa...... ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdiction. It will be, therefore, in a very rare case, that the High Court Division will feel called upon to exercise its jurisdiction under section 561 A when the party has already exhausted t...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ....... Ed. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
.... his favour on 13th Poush, 1360 BS corresponding to 28.12.1953. The plaint case is that Niamatullah and Keramatullah were two brothers and Rahamatullah was their cousin. Plaintiff is the daughter's son of Niamatullah and the contesting defendant No.1 is the son of Rahamatullah. On the death of p......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......t Division, Sylhet Bench, passed in Second Appeal No.906 of 1968 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....n further fresh evidence after about 16 years of the filing of the appeal. 2. Material facts necessary for the disposal of the present appeal are that late Ekram Miah Chowdhury, the predecessor‑in‑interest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought oth......sp; Ed. ......lso be adduced by the parties, it was ordered further. 5. It appears that by order dated 16.2.79 another Division Bench on the application of the appellants of the First Appeal directed the trial court to comply with its order dated 12.8.77 with regard to the recording of the evidence. It...... ..Category: Procedural Law | Date: | Hits: 122
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....was decreed ex parte on 15th February, 1980. For setting aside that decree respondent No. 1 instituted Miscellaneous Case No. 205 of 1980 under Order 9 rule 13 of the Code of Civil Procedure. He also filed an appeal, being Title Appeal No. 32 of 1981, in the Court of District Judge, Dhaka. While......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......der 9 rule 13 of the Code of Civil Procedure. He also filed an appeal, being Title Appeal No. 32 of 1981, in the Court of District Judge, Dhaka. While the Miscellaneous Case was pending before the trial Court, his appeal was heard and dismissed on 25th August, 1984. 2. Respondent No.1 fil....... Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondka..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Prison, ex parte Doyle (1917) 2 KB 254; Ameer Khan (1970) 6 Beng LR 459; CP Mathen Vs. District Magist......rrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was ser......hat the detenu did not deny the order of conviction; that Annexures 1 and 2 and the warrant of commitment, as pubic documents, cannot be presumed that those are not correct, that had there been no trial, there would not have arisen any reason for the detenu's father to take information in 1986 f...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....dagar vs. AHM Fazlul Huq 15 DLR 99; Md. Wasiq Khan Vs. Md. Sadiq Khan 33 DLR 35; Jaharunnessa Vs. Safed Ali Bepary and others 36 DLR 253; Rahela Khatun Vs. Seraj Sarker 35 DLR 345 relied. Robert Watson Vs. Ambika Dassi 4 CWN 237. Lawyers Involved: SR Pal, Senior Advocate instructed ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. .......90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 of 1988) Judgment: Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civ......smissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....dullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Death Reference No. 1 of 1984 with Criminal Appeal No. 1 of 1984 and Jai......In view of the vital omissions to the Investigating Officer with regard to the actual assault on the deceased on the night of occurrence by the appellants it is difficult to rely upon this so‑called eye‑witness as well. 10. Thus, on a careful consideration of these two materia......ttled that the confession of a co‑accused is no evidence against die other accused persons. Section 30 of the Evidence Act contemplates that a confession made by a co‑accused in a joint trial for the same of fence affecting himself and others may be taken into consideration. In other......Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....the District Judge, Chittagong. Miscellaneous Case No. 323 of 1975 was dismissed for default on 24.1.76, but Miscellaneous Case No. 300 of 1975 is still pending. Other Appeal No. 142 of 1976 was also dismissed for default by the learned Subordinate Judge, 2nd Court, Chittagong to whom the appea......the conduct of the defendants, which is negligent at all stages, and in view of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote hara......ex parte on 11. 8.75. Respondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 respectively under Order 9, rule 13 CPC for restoration of Other Suit No. 95 of 1973 before the trial Court. At the same time respondent No. 1 preferred Other Appeal No. 142 of 1976 against the s...... Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....odged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......im Nurul Islam is found, we are inclined to grant bail to the appellants. Accordingly, the appeal is allowed. The appellants will continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody ...... Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....2(Act IV of 1882), Sections 53A,105,106 ,111 & 116 The Premises Rent Control Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right in such te......clearly that "lease" in this section is a right only of occupation of an immovable property for a certain time and that this right is created by transfer from one person to another. The transferor is called 'lessor' and the transferee is called 'lessee'. The period of the right of enjoyment of the p......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....rom and further for declaring the decision by the Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in short in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit property by a Wakfnama of 28. 12. 1891. The plaint......ion of clause C(ii) to mean bifurcation of the wakf into charitable and secular and secular portion will go to beneficiaries, is well founded. We have given our reasons and no further discussion is called for. 16. His next contention is that, we should apply the test of Mutwalli as rent-r......e balance of 54.55 acres of land is to be allotted. The Revenue Officer and the Trial Court allotted the land treating Mutwalli as the rent-receiver. The High Court has set aside the finding of the trial court holding this land as secular and the beneficiaries entitled to its allotment. None of ......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... 516 of 1967). Judgment: Ahsanuddin Choudhury J.—This appeal by special leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan in a Judgment in C......rt unceremoniously. We are however, of the view that the latter portion of the remark, namely, "It has been seen that he is in the habit of doing so and he did so in the past too" was not called for in the instant case because it was not necessary for the learned Judge to recount what t......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......rul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment &nbs..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....Ilias were further charged under section 302/34 for committing murder of Rustom and Khurshed in furtherance of common intention of them both. 3. The trial was held with the aid of four assessors. Three of the assessors found all the 18 accused not guilty of the charges against them. The ......eration of the conviction of the appellant from Code amounted to alteration of an order of acquittal from the charge under section 302/149 into one of conviction under the same charge. It may be recalled that the appellant was charged under sections 148 and 302/149 along with 17 others. He was, ......dhury, J.—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence inv......olved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Advocate-on- Record.—For the appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....lleged that when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they partic......ged that at about 12-30 P.M. on the 9th December, 1966 Mr. Mainuddin Ahmed along with the process server (P.W. 3) of the court of the Munsif, Naranyanganj and two others went to the Municipal office, called out the Secretary Khurshed Alam Khan and P.W. 3 the process server offered the notice upon th......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....d the neighbours, who heard about the occurrence and the recognition of the two accused from the informant and his wife. A sindh was found cut in the plinth of the hut. A trunk load of clothes with some ornaments, a transistor radio set, and other articles worth about Rs. 2.300/- were found stole......r, A.I.R. 1945 Madras, 330. Reference may be made to Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. 7. A detailed discussion of the authorities is not called for, because none of them directly touch upon the point in dispute before us. "A readin......ary, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.) Judgment: Kemaluddin Hossain, J.—The appellant along with another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the ...... the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 19..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ourt discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association registered under the Society Registration Act and is said to be a religious institution.......dquo;Heard learned Advocate and perused an application filed in Court on 29-1-68 for restoration of the Rule. There was none present in Court on behalf of the petitioner when this item was called for hearing. None prayed for passing over or for adjournment of the matter. We have observe......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....enforceable requisition and or acquisition or eviction notices as served upon the plaintiffs and that the acquisition was in violation of the order dated 8th March, 1966 made by the appellant and also for an injunction restraining the appellant and others from enforcing the requisition and/......of such land and the procedure for assessment of compensation. What is meant by this provision is that the correctness or regularity of any order made or action taken under the said chapter can be called in question only in the manner as laid down in the said chapter, and it cannot be chall......ces dated 3-9-66 are also illegal, void and inoperative.” This prayer for amendment of the plaint was allowed and the plaint stood amended with the new prayer (a). 4. The trial Court, however, being of the view that the declaration prayed for in the plaint being tantamo...... Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January ..Category: Procedural Law | Date: | Hits: 99
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